Relevant Acts, Regulations Or Policies

Code of Good Practice October 2005

Relevant Acts, Regulations or Policies

All acts, regulations, policies or information identified in the ASSG Code of Practice document are listed below.

EU LEGISLATION, REGULATIONS AND POLICIES

1.  EC Directive (91/492EEC) 1999 Shellfish Hygiene

http://europa.eu.int/comm/food/fs/inspections/vi/reports/united_kingdom/vi_rep_unik_1042-1999_en.pdf

This Directive is incorporated in UK Food Safety Legislation, The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations, 1998 (SI 1998 No 994). Concerns the quality of waters where shellfish are grown for commercial harvesting and gives health conditions for producing and placing on the market of live bivalve molluscs (such as oysters, mussels, scallops, etc). Member States must establish the location and fix the boundaries of production areas. The authority must list and classify these production areas according to the degree of contamination by faecal indicator bacteria present in samples of mollusc flesh. Commission Decision 2002/225 was issued in 2002 and supercedes the Shellfish Hygiene Directive 91/492/EEC in relation to DSP toxins. It provides regulatory limits for lipophilic marine biotoxins which are divided into four groups:

(a)  Okadaic acid (OA) and Dinophysistoxins (DTXs)

(b)  Yessotoxins (YTXs)

(c)  Azaspiracids (AZAs)

(d)  Pectenotoxins (PTXs)

The Directive also permits biological testing for these toxins to be replaced by chemical testing, but only after validation following protocols that are subject to international agreement.

2.  Conservation of Wild Birds Directive 1979 (Council Directive 79/409/EEC)

http://www.jncc.gov.uk/legislation/eu/birds_direct.htm

This and subsequent legislation (to 2001) establishes Special Protection Areas for threatened species.

3.  EC Directive 79/923 Quality Required of Shellfish Growing Waters

http://europa.eu.int/scadplus/leg/en/lvb/l28009.htm

This directive concerns the quality of shellfish waters. It applies to coastal and brackish waters designated by Member States as requiring protection or improvement in order to support shellfish life and growth (bivalve and gasteropod molluscs), thus contributing to the high quality of shellfish products. Lists applicable mandatory classification parameters. Concerns over biocides are already covered by the EC Dangerous Substances Directive, referred to by the EC Shellfish Growing Waters Directive. This was embodied into Scottish law by the Surface Waters (Shellfish) (Scotland) Regulations 1997 – see below.

4.  EC Directive Environmental Impact Assessment (85/337/EEC)

http://europa.eu.int/eur-lex/en/consleg/main/1985/en_1985L0337_index.html

This directive and its amendment, the EC Directive Environmental Assessment (2001/42/EEC) June 2001, deal with setting standards for European environmental assessments.

5.  EC Urban Waste Water Treatment Directive (91/271/EEC)

http://europa.eu.int/scadplus/printversion/en//lvb/l28008.htm

This Directive deals with the collection, treatment and discharge of urban and industrial waste water.

6.  The Habitats Directive (92/43/EEC)

http://europa.eu.int/comm/environment/nature/nature_conservation/eu_nature_legislation/habitats_directive/index_en.htm

This Directive deals with the conservation of natural habitats and of wild fauna and flora.

7.  EC Directive on Dangerous Substances (76/464/EEC)

http://europa.eu.int/comm/environment/dansub/main67_548/index_en.htm

This Directive deals with the classification, packaging and labeling of dangerous substances.

8.  Biocidal Products Directive 98/8/EC

http://europa.eu.int/comm/environment/biocides/

The Biocidal Products Directive of the European Parliament and of the Council on the placing on the market of biocidal products was adopted in 1998. Member States had to transpose the rules before 14 May 2000 into national law. The Commission adopted the original proposal for the Directive in 1993. This Directive harmonises the regulation of the European market for biocidal products and their active substances. It also aims to provide a high level of protection for humans, animals and the environment via a list of permitted active substances. There are 23 regulated product types, which are then divided into four main groups as follows: disinfectants, preservatives, pest control, and other biocidal products (preservatives for food and feedstocks; antifouling products; embalming and taxidermy fluids; other vertebrate controls)

9.  EC Directive (91/67/EEC) on Intra-Community Trade and Imports

http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31991L0067&model=guichett

This directive concerns the animal health conditions governing the placing on the market of aquaculture animals and products.

10.  EC Directive (91/493 EEC) Fishery Products Health

http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=EN&numdoc=31991L0493&model=guichett

This directive lays down the health conditions for the production and placing on the market of fishery products.

11.  EC Directive (97/61 EEC) ASP Biotoxin Limits

http://www.legislation.hmso.gov.uk/si/si1999/19990399.htm#note3

This amends Council Directive 91/492/EEC. It states a regulatory limit for the biotoxin causing amnesic shellfish poisoning (ASP). This introduced a requirement to monitor for ASP and enforce closures, where appropriate. Later this Directive was amended by Comission Decision 2002/226, which provides more specific detail on regulatory and monitoring requirements for ASP toxins in scallops.

SCOTTISH LEGISLATION, REGULATIONS AND POLICIES

Reports, Booklets & Brochures

12.  A Guide to Commercial Bivalve Molluscs

http://www.seafish.org/whatsnew/newsletter.asp?p=cc452

In November 2004, Seafish and BIM released this comprehensive CD ROM on bivalve molluscs and shellfish farming. Topics include bivalve species, the various effects of the growing environment (including natural and artificial contamination), growing and harvesting technologies, production operations (handling, purification, processing), controls at the EU and national level (animal health, harvesting, food safety and waste disposal) and support organizations (government departments and agencies, industry organisations and research bodies). For a copy of the CD call Deborah Dalton on 01482 327 837 or email .

13.  Live Bivalve Mollusc Good Manufacturing Practice Guidelines

http://www.seafish.org/

The Sea Fish Industry Authority is currently working with both industry and government to develop these guidelines; it is anticipated that the final document will be available March 2006. This document will replace SFIA’s Guidelines for the Harvesting, Handling and Distribution of Live Bivalve Molluscs (1997).

14.  Guidelines for the Harvesting, Handling and Distribution of Live Bivalve Molluscs (1997)

http://www.seafish.org/pdf.pl?file=seafish/Documents/guideline_bivalve_molluscs_facilities.pdf

The Sea Fish Industry Authority worked with both industry and government to develop these guidelines which are currently being updated and will be replaced in March 2006 with a new document entitled Live Bivalve Mollusc Good Manufacturing Practice Guidelines. The old guidelines provide practical advice concerning the facilities, practices and management of businesses handling bivalve molluscs. They cover public health topics for the siting, handling, cleansing, storage and transportation of bivalve molluscs from their harvesting through distribution to retail outlets. Each section gives specific references to applicable legislation and adds many detailed recommendations. Appendix 5 of the document summarizes the appropriate Scottish legislation as it relates to that for the rest of UK.

15.  The Registration of Fish Farming and Shellfish Farming Business Order 1985

http://www.marlab.ac.uk/FRS.Web/Delivery/display_standalone.aspx?contentid=779

The registration of fish farming and shellfish farming businesses as per the 1985 order has to occur within 2 months of commencing business. In Scotland the register is maintained by the fisheries research service (FRS). Also required is a record of movements and mortalities, with a view to controlling disease. A seabed lease is also required from the Crown Estate.

16.  Interim Scheme for the Authorisation of Marine Fish Farms in Scottish Waters

http://www.scottishexecutive.gov.uk/Resource/Doc/1062/0000280.pdf

This Guidance Note is issued by The Scottish Executive Rural Affairs Department in association with the Crown Estate Commission and the Convention of Scottish Local Authorities. It outlines new procedures for applications for Marine Fish Farming. Replaces Marine Fish Farming in Scotland Guidelines of 1989 by the Crown Estate.

17.  The Regulation of Marine Fish Farming in Scotland, a Guide

http://www.sepa.org.uk/aquaculture/policies/index.htm

SEPA is drafting a freshwater fish farm manual to provide guidance to the public and SEPA staff in the regulation of this industry. This guidance will be similar to the marine fish farm manual.

18.  Scottish Executive, Locational Guidelines for Authorisation of Marine Fish Farms

http://www.scotland.gov.uk/library2/doc06/mff-01.htm

To establish the national context for the preparation by planning authorities of non-statutory marine fish farming framework plans for guiding the location of future marine fish farms.

19.  Marine Aquaculture and the Landscape

http://www.scottishsalmon.co.uk/aboutus/codes/mal.htm

The siting and design of marine aquaculture developments in the landscape. This well illustrated guidance offers advice on how to assess and address the landscape and visual impact of both fin fish and shell fish farms, and their associated on shore structures.

20.  A Guide to Shellfish Health Controls

http://www.defra.gov.uk/fish/fishfarm/pdf/gshctext.pdf

An explanation of the controls governing the movement of shellfish, their eggs and gametes into, from and within Great Britain (June 1999). This document is currently being revised.

21.  The Scottish Outdoor Access Code

http://www.snh.org.uk/soac/

The Land Reform (Scotland) Act 2003 establishes statutory rights of access to land and inland water for outdoor recreation. The Statutory right of responsible access commenced on 9 February 2005.

Health & Safety

22.  The Food Safety Act 1990 (c 16)

http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900016_en_1.htm

This is the primary Act governing Food Safety. It provides for the enactment of many subsidiary Regulations on various detailed aspects of food safety. It defines various powers, laws and penalties related to food safety matters. The subsidiary regulations provide much detail and are used also to enact EU Directives in this area.

23.  The Workplace (Health, Safety and Welfare) Regulations 1992

http://www.hmso.gov.uk/si/si1992/Uksi_19923004_en_1.htm

Legislation for controlling health and safety issues to do with the workplace.

24.  The Products of Animal Origin (Import & Export) Regulations 1996, Statutory Instrument 1996 No 3124

http://www.hmso.gov.uk/si/si1996/Uksi_19963124_en_5.htm

Legislation for controlling health and safety issues to do with import and export of animal products.

25.  The Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 (No. 3164)

http://www.hmso.gov.uk/si/si1992/Uksi_19923164_en_1.htm

Addresses classification of growing waters, prohibited areas, approval of/restrictions on dispatch centres and purification centres, exemptions for marketing molluscs and other shellfish within UK, imports, offences and penalties and enforcement and execution.

26.  The Food Safety (Fishery Products) Regulations 1992

http://www.hmso.gov.uk/si/si1992/Uksi_19923163_en_1.htm

Legislation for controlling food safety issues to do with the fishery products.

27.  UK Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998

http://www.hmso.gov.uk/si/si1998/19980994.htm

Principle regulations controlling food safety issues in the shellfish and fishery industries.

28.  The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994

http://www.legislation.hmso.gov.uk/si/si1994/Uksi_19942783_en_1.htm

Concerns procedures for products originating in or processed in a third country or a third country vessel.

29.  The Food Safety (General Food Hygiene) Regulations 1995

http://www.hmso.gov.uk/si/si1995/Uksi_19951763_en_1.htm

Legislation for dealing with food hygiene issues.

30.  The Food Safety (Temperature Control) Regulations 1995

http://www.hmso.gov.uk/si/si1995/Uksi_19952200_en_1.htm

Legislation for dealing with food temperature control issues.

31.  The Food Safety (Fishery Products and Live Bivalve Molluscs and other Shellfish) (Miscellaneous Amendments) Regulations 1996

http://www.hmso.gov.uk/si/si1996/Uksi_19961547_en_1.htm

Legislation for dealing with other food issues that affect shellfish.

32.  Food Standards Act 1999 (c 28)

http://www.hmso.gov.uk/acts/acts1999/19990028.htm

The Food Standards Agency was created to protect public health from risks which may arise in connection with the consumption of food (including risks caused by the way in which it is produced or supplied) and otherwise to protect the interests of consumers in relation to food. The agency has the power to set standards in relation to the notification of tests for food-borne diseases and require specific records to be kept and provided on request. It may also enter business premises and take samples of any articles, substances or foodstuffs found.

33.  Scottish Statutory Instrument 2001 No. 409, The Fish Health Amendment (Scotland) Regulations 2001

http://www.hmso.gov.uk/legislation/scotland/ssi2001/20010409.htm

These Regulations amend the Fish Health Regulations 1997 ("the principal Regulations"). They form part of the law of Scotland only and –

(a)  amend the definition of "the Minister" and insert a definition of "Scotland" in the principal Regulations to take account of devolution (regulation 3);

(b)  make drafting changes to regulations 3 (placing on the market of aquaculture animals and aquaculture products) and 11 (export to other parts of the European Community of aquaculture animals and aquaculture products from Great Britain) of the principal Regulations (regulations 4 and 5);

(c)  make drafting changes to clarify the scope of the powers conferred on a veterinary inspector by the principal Regulations and revoke the powers in relation to diseased fish (regulation 6, 7 and 8).

34.  The Biocidal Products Regulations 2001

http://www.legislation.hmso.gov.uk/si/si2001/20010880.htm

Covers applications for such products, their assessment & prohibitions, and the placing on the market of active substances; also authorization of biocidal products, registration of low risk products, emergency authorizations, research and development, revocations, modifications and review.

Environment

35.  Nature Conservation (Scotland) Act 2004

http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2004/20040006.htm

This Act of the Scottish Parliament establishes Scottish Biodiversity Strategy responsibilities and deals with the conservation and enhancement of natural features, designation of sites of special scientific interest as well as the protection of wildlife. Protection of birds is covered in Schedule 6. This act will result in the establishment of a Scottish Marine Life Watching Code.

36.  The Plant Protection Products (Scotland) Regulations 2003

http://www.hmso.gov.uk/legislation/scotland/ssi2003/20030579.htm

This replaces the Plant Protection Products Regulations 1995, and amends and replaces the Control of Pesticides Regulations 1986. Deals with the approval and control of pesticides used in processing that affects plants.

37.  The Conservation (Natural Habitats, &c.) Regulations 1994

http://www.hmso.gov.uk/si/si1994/Uksi_19942716_en_1.htm

Deals with selection, establishment, registration, management agreements, bylaws, grants of licenses for a defined list of European protected species of animals and plants including marine sites. Covers assessment, planning permissions, general and special development orders. Contents include sections dealing with highways, roads, electricity, consents, pipeline authorization, transport and works orders, environmental controls authorizations, licenses and discharge consents.

38.  Conservation of Wild Birds Directive 1979 (Council Directive 79/409/EEC)

http://www.jncc.gov.uk/legislation/eu/birds_direct.htm

This and subsequent legislation to 2001 establishes Special Protection Areas for threatened species.

39.  Food & Environment Protection Act 1985

http://www.mceu.gov.uk/MCEU_LOCAL/FEPA/FEPA-Legal-controls.htm

This is the base for all UK public health orders. Territorial responsibilities under FEPA are devolved to the Scottish Parliament by means of Regulations under theScotland Act 1998.

40.  The Environmental Protection Act 1990

http://www.hmso.gov.uk/acts/acts1990/Ukpga_19900043_en_1.htm

This is the base for environmental protection law. It covers pollution control and the collection, disposal or treatment of controlled waste. There is also section dealing with pollution at sea covering: deposits of substances and articles in the sea and associated public registers; and oil pollution from ships.

41.  The Waste Management Licensing Regulations 1994

http://www.hmso.gov.uk/si/si1994/Uksi_19941056_en_1.htm

Regulations concerning the licensing of waste management.

42.  The Environment Act, 1995

http://www.hmso.gov.uk/acts/acts1995/Ukpga_19950025_en_1.htm

This act established the Scottish Environment Protection Agency (SEPA)

43.  The Environmental Impact Assessment (Fish Farming in Marine waters) Regulations 1999

http://www.hmso.gov.uk/si/si1999/19990367.htm

Regulations concerning the environmental impact of fish farms. Describes the required processes and permits.

44.  The Pollution Prevention and Control (Scotland) Regulations 2000 Scottish Statutory Instrument 2000 (number 323)

http://www.legislation.hmso.gov.uk/cgi-bin/muscat_highlighter_first_match

This legislation details required permits and approval authorities as well as outlining the conditions for these and associated enforcement.